An ordinance establishing Flood Plain Districts, requiring the issuance of permits for development, providing for certain minimum standards for development, and providing factors and conditions for special exceptions (variances) to the terms of the ordinance.

(Ord. of 2-12-1979, § 12)

The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. of 2-12-1979, § 12(12A-1))

These provisions shall apply to all lands within the jurisdiction of the town and identified as being in the 100-year floodplain by the Federal Insurance Administration.

(Ord. of 2-12-1979, § 12(12A-2))

(a)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

(b)

The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the Flood Plain District, or that land uses permitted within such district will be free from flooding or flood damages.

(c)

This ordinance shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this or any administrative decision lawfully made thereunder.

(Ord. of 2-12-1979, § 12(12A-3))

This ordinance supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance.

(Ord. of 2-12-1979, § 12(12A-4))

If any section, subsection, paragraph, sentence clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

(Ord. of 2-12-1979, § 12(12A-5))

(a)

Any person who fails to comply with any or all of the requirements or provisions of this ordinance or direction of the Building Official or any other authorized employee of the Town shall be guilty of an offense and, upon conviction, shall pay a fine to the Town of not less than $25.00 nor more than $300.00 plus cost of prosecution. In default of such payment, such person shall be imprisoned for a period not to exceed ten days. Each day during which any violation of this ordinance continues shall constitute a separate offense.

(b)

In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this ordinance. The imposition of a fine or penalty for any violation of or non-compliance with this ordinance shall not excuse the violation or non-compliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or non-compliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated, in non-compliance with this ordinance may be declared by the town to be a public nuisance and abatable as such.

(Ord. of 2-12-1979, § 12(12A-6))

Base Flood/One-Hundred Year Flood means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Board of Zoning Appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator (the town manager) in the interpretation of this ordinance.

Building Official means the chief building inspector of the County of Pittsylvania, or other such person who may from time to time be authorized by the Board of Supervisors to act.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials.

Existing Manufactured Home Park/Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the initial effective date of these regulations.

Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).

Flood means a general and temporary inundation of normally dry land areas.

Flood-Prone Area means any land area susceptible to being inundated by water from any source.

Floodplain (or Flood Plain) means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; b) an area subject to the unusual and rapid accumulation or runoff of surface water from any source.

Floodway means the designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this ordinance, the floodway shall be capable of accommodating a flood of the one-hundred year magnitude.

Historic structure (for purposes of the Flood Plain Ordinance only) means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed with the Virginia Landmarks Commission;

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the Virginia Landmarks Commission.

Manufactured Home means a structure transportable in one or more sections which is built on a permanent chassis and designed to be used with or without permanent foundation when connected to the required utilities, but excluding all prefabricated and premanufactured homes built to the requirements of either the BOCA Code or the Southern Building Code. The term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days. The term does not include a "recreational vehicle" as defined below.

Manufactured Home Park/Subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale for the purpose of establishing facilities for servicing one or more manufactured homes.

New Construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

New Manufactured Home Park/Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the initial effective date of these regulations.

Recreational vehicle means a vehicle which is

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck;

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use;

(5)

Not considered a manufactured home.

Start of Construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either a) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or b) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Town means Town of Chatham, Chatham town council, either or both, as the context may require.

Town manager means the duly appointed town manager of the town, or such other agent or official of the Town who may from time to time be appointed or designated by the town council in addition to or in lieu of the town manager.

(Ord. of 2-12-1979, § 12(12B))

The various Flood Plain Districts shall include areas subject to inundation by waters of the one-hundred (100) year flood. The basis for this delineation of these districts shall be the Flood Insurance Study for the Town of Chatham, Virginia prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated August, 1978. The Flood Plain Districts are defined on maps located in the office of the county administrator-in the town. The districts are as follows:

(1)

The Floodway District is delineated for the purposes of this Ordinance using the criteria that a certain area within the flood plain must be capable of carrying the waters of the one-hundred (100) year flood without increasing the water surface elevation of that flood more than one foot at any point. These areas included in this District are specifically defined in Table 2 of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map in the County Administrator's office.

(2)

The Flood-Fringe District shall be that area of the one-hundred (100) year flood plain not included in the Floodway District. The basis for the outermost boundary of this District shall be the one-hundred (100) year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map in the County Administrator's office.

(3)

The Approximated Flood Plain District shall be that flood plain area for which no detailed flood profiles or elevations are provided, but where a one-hundred (100) year flood plain boundary has been approximated. Such areas are shown on the Flood Boundary and Floodway Map.

(Ord. of 2-12-1979, § 12(12C-1))

The Flood Plain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Flood Plain Districts shall serve as a supplement to the underlying district provisions. In any conflict between the provisions or requirements of the Flood Plain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the Flood Plain Districts shall apply. In the event any provision concerning a Flood Plain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. of 2-12-1979, § 12(12C-2))

The boundaries of the Flood Plain Districts are established as shown on the Flood Boundary and Floodway Map which is declared to be a part of this ordinance and which shall be kept on file at the County Administrator's office in the Moses Building in the Town of Chatham, the Office of the Building Official, and at the Town Hall office.

(Ord. of 2-12-1979, § 12(12C-3))

The delineation of any of the Flood Plain Districts may be revised by the Town where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(Ord. of 2-12-1979, § 12(12C-4))

Initial interpretation of the boundaries of the Flood Plain Districts shall be made by the town manager. Should a dispute arise concerning the boundaries of any of the Districts, the Town shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Town and to submit his own technical evidence if he so desires.

(Ord. of 2-12-1979, § 12(12C-5))

(a)

All uses, activities, and development occurring within any Flood Plain District shall be undertaken only upon the issuance of a building permit. In addition, if said use, activity, development is also within the town, permit requirements described in the Zoning Ordinances for the town also apply. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the Building Official shall require all applications to include compliance with all applicable State and Federal laws.

(b)

Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within the Town's jurisdiction, a permit from the U.S. [Army] Corps of Engineers, the Virginia Marine Resources Commission, and certification from the Virginia State Water Control Board may be necessary (a joint permit application is available from any one of these organizations). Further, notification of the proposal shall be given to the Pittsylvania County Board of Supervisors, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration.

(c)

All applications for development in the Flood Plain Districts and all building permits issued for the Flood Plain shall incorporate the following information: a) for structures that have been elevated, the elevation of the lowest floor (including basement); b) for structures that have been flood-proofed (non-residential only), the elevation to which the structure has been flood-proofed; c) the elevation of the one-hundred (100) year flood.

(Ord. of 2-12-1979, § 12(12D-1))

In the Floodway District, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or State authorities as required above.

(1)

Permitted activities. In the Floodway District the following activities are permitted provided that they are in compliance with provisions of this ordinance and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

a.

Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

b.

Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.

c.

Accessory residential uses such as yard areas, play areas, and pervious parking and loading areas, airport landing strips, etc.

(2)

Activities permitted by Conditional Use. The following activities may be permitted by Conditional Use (See Section 9B5 of the Town Zoning Ordinances) provided that they are not prohibited by any other ordinance:

a.

Structures accessory to the uses and activities in Section 12D(1) above.

b.

Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses.

c.

Water-related uses and activities such as marinas, docks, wharves, piers, etc.

d.

Extraction of sand, gravel, and other materials where no increase in level of flooding or velocity is caused thereby.

e.

Temporary uses such as circuses, carnivals, and similar activities.

f.

Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

g.

Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

(Ord. of 2-12-1979, § 12(12D-2))

(a)

In the Flood-Fringe and Approximated Flood Plain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the town provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing, waterproofing, and other related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

(b)

The applicant within the Approximated Flood Plain District will be required to evaluate the effects of the proposed development on the flood plain and to delineate the floodway based on the requirement that existing and future development not increase the one-hundred (100) year flood elevation more than one foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood heights.

(c)

In areas within the Town's jurisdiction within the Flood Fringe and Approximated Flood Plain Districts where manufactured homes are permitted, either singly or in a new or expanded manufactured home park or subdivision, every manufactured home that is placed or is substantially improved and any manufactured home that is in a park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions above shall be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

(d)

Where permitted, recreational vehicles placed on sites in the Flood Plain Districts must either be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes described above.

(Ord. of 2-12-1979, § 12(12D-3))

(a)

Sanitary sewer facilities. All new or replacement sanitary sewer facilities, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

(b)

Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize or eliminate flood damages.

(c)

Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage away from buildings and on-site waste disposal sites. The Town may require a primarily underground system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional plans. The facilities shall be designed to prevent discharge of excess runoff onto adjacent properties.

(d)

Utilities. Utilities such as electrical and telephone systems being placed in flood-prone areas should be elevated where possible and constructed to minimize the chance of impairment during a flooding occurrence. Electrical distribution panels shall be placed at least three feet above the 100-year flood elevation.

(e)

Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

(f)

Fill. If fill is used, it shall extend laterally at least 15 feet beyond the building line from all points; it shall consist of soil or small rock materials only. Sanitary landfills shall not be permitted. It shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling. It shall be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes is submitted to and approved by the Building Official. It shall be used to the extent to which it does not adversely affect adjacent properties.

(Ord. of 2-12-1979, § 12(12D-4))

A structure or use of a structure or premises which lawfully existed before enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:

(1)

Existing structures and/or use located in the Floodway District shall not be expanded, enlarged or substantially improved unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in the Flood Plain Districts to an extent or amount less than 50 percent of its market value shall be elevated and/or flood-proofed to the greatest extent possible.

(3)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use regardless of its location in a Flood Plain District to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide Building Code.

(4)

Uses of adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

(Ord. of 2-12-1979, § 12(12D-5))

Whenever any person is aggrieved by a decision of the Building Official with respect to the provisions of this ordinance, it is the right of that person to appeal to the Town for a Variance. (This is an exception to the general procedure of seeking a variance from the Board of Zoning Appeals. A variance is sought from the Board of Zoning Appeals in cases where the grievance is with a decision of the town manager. Here the grievance is with a decision of the Building Official granting permits within the Flood Plain Districts. Therefore, it is presented to the Town.) Such appeal must be filed, in writing, within 30 days after the determination by the Building Official. Upon receipt of such an appeal, the Town shall set a time and place for the purpose of hearing the appeal, which shall not be less than ten days nor more than thirty (30) days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the Town shall be final in all cases.

(Ord. of 2-12-1979, § 12(12E-1))

(a)

A Variance shall not be granted for any proposed use, development, or activity within the Floodway District that will cause any increase in flood levels during the one-hundred year flood.

(b)

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(3)

A determination that the granting of a variance shall not result in unacceptable or prohibited flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d)

The applicant will be notified by the Town that:

(1)

The issuance of a variance to construct a structure below the one-hundred (100) year flood level will result in increased flood insurance premium rates; and

(2)

Such construction below the one-hundred (100) year flood level increases risks to life and property.

(e)

Records shall be maintained of all variance actions, including their justification and shall be noted in the annual report submitted to the Federal Insurance Administrator.

(Ord. of 2-12-1979, § 12(12E-2))

In passing upon applications for a Variance, the Town shall satisfy the following factors:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of the services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed used to the Comprehensive Plan and Flood Plain Management Program for the area.

(10)

The safety of access to the property in time of flood of ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

(12)

Such other factors which are relevant to the purposes of this ordinance.

(Ord. of 2-12-1979, § 12(12E-3))

The Town may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

(Ord. of 2-12-1979, § 12(12E-4))

This ordinance may be enforced by the Building Official of Pittsylvania County at the option of the Town, by virtue of a resolution duly adopted and forwarded to said Building Official.

(Ord. of 2-12-1979, § 12(12F))

This ordinance may be amended from time to time by the town council on its own motion or that of any other interested party and according to law for such cases made and approved.

(Ord. of 2-12-1979, § 12(12G))

Enacted and ordained this 12th day of February, 1979. This ordinance became effective upon passage.

(Ord. of 2-12-1979, § 12(12H))